Graph Commons Terms of Service

By accessing and using the graphcommons.com web site or any services of Graph Commons (hereinafter collectively referred to as “Services”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). These Terms of Service govern your access to and use of our Services.

Account Terms

1. Our Services are not directed to persons under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account.

2. You are responsible for your use of the Services, for any content you post, and for any consequences thereof. The Services are provided on an “as is” and “as available” basis. You agree to use the Services at your own risk as well as you understand and agree that Graph Commons cannot be responsible for the content you posted. Violation of any of the Terms of Service will result in the termination of your account.

3. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

4. In order to use the Services, you will need to register and create an account. You must provide your name, a valid email address, and any other information requested in order to complete the sign-up process.

5. Your login may only be used by one person. We do not accept a single login to be shared by multiple people. In such case, you must create separate logins for as many people as your plan allows. Creating multiple accounts with overlapping uses or in order to evade the temporary or permanent suspension of a separate account is not allowed.

Please note that if you are entering into this Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity and you are authorized to do so. As a consequence, we acknowledge that you are the sole party assuming all obligations and responsibility under this Terms of Service on behalf of such entity.

6. You are responsible for maintaining the security of your account and password. Graph Commons advises you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Graph Commons cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

7. You are responsible for your use of the Services, for any content you provide (whether publicly posted or privately transmitted), any activity that occurs under your account (even when Content is posted by others who have accounts under your account) and for any consequences thereof.

We may not monitor or control the content posted via the Services and, we cannot take responsibility for such content. However, we reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Services, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Graph Commons, its users and the public. Please note that, even in such case, Graph Commons shall not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

8. You may use the Services only in compliance with these Terms of Service and all applicable local, state, national, and international laws, rules and regulations.

We respect and support freedom of expression that everyone should have the power to create and share ideas and information instantly, without barriers. As you may appreciate, the exercise of freedom of expression carries duties and responsibilities; therefore there are some limitations on the type of content and behavior that we allow:

- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
- You may not use business names and/or logos to mislead others in your account.
- You may not use pornographic or excessively violent media in your profile image or header image or in node image.
- You may not make threats of violence or promote violence, including threatening or promoting terrorism.
- You may not incite or engage in the targeted abuse or harassment of others.
- You may not promote violence against or directly attack or threaten other people on the basis of race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, or disease.
- You may not publish or post other people's private and confidential information without their express authorization and permission.
- You may not impersonate others through the Graph Commons in a manner that is intended to or does mislead, confuse, or deceive others.

Failure to comply with above principles may result in the temporary locking and/or permanent suspension of your account.

9. You are responsible for backing up your works and the data used therein. We do back up periodically however, this back up is in a basic manner and is as per our ordinary periodic backing up procedures.

API Terms

You may access your Graph Commons account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Graph Commons, is bound by these Terms of Service plus the following specific terms:

1. You expressly understand and agree that Graph Commons shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Graph Commons has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.

2. Abuse or excessively frequent requests to Graph Commons via the API may result in the temporary or permanent suspension of your account’s access to the API. Graph Commons, in its sole discretion, will determine abuse or excessive usage of the API. Graph Commons will make a reasonable attempt via email to warn the account owner prior to suspension.

3. Graph Commons reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

Payment, Upgrading/Downgrading Terms

1. All paid plans must enter a valid payment account. Free accounts are not required to provide payment account information.

2. An upgrade from the free plan to any paying plan will immediately bill you.

3. For monthly payment plans, the Services are billed in advance on a monthly basis and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

5. For any upgrade or downgrade in plan level while on a monthly billing cycle, the credit card that you provided will automatically be charged the new rate on your next billing cycle.

6. Downgrading your Services may cause the loss of content, features, or capacity of your account. Graph does not accept any liability for such loss.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the “Edit Profile” link in the global navigation bar at the top of the screen. The “Edit Profile” screen provides a simple no questions asked cancellation link.

2. All of your content will be immediately deleted from the Services upon cancellation. This information cannot be recovered once your account is cancelled.

3. If you cancel the Services before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

4. Graph Commons, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any other Graph Commons service, for any reason at any time including but not limited to, if we reasonably believe you have violated these Terms of Service or you create risk or possible legal exposure for us. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.

Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Graph Commons reserves the right to refuse service to anyone for any reason at any time.

In the event that Graph Commons takes action to suspend or terminate an account, we will make a reasonable effort to provide the affected account owner with a copy of their account contents upon request, unless the account was suspended or terminated due to unlawful conduct.

Modifications to the Service and Prices

1. Graph Commons reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.

2. Prices of all Services, including but not limited to monthly subscription plan fees to the Services, are subject to change upon 30 days notice from us. Such notice may be provided by sending email or by posting the changes to the Graph Commons web site.

3. Graph Commons shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

License, Copyright and Intellectual Property Rights

1. Graph Commons gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Graph Commons as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Graph Commons, in the manner permitted by these Terms of Services.

By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license is you authorizing us to make your graph data on the Graph Commons available to the rest of the world and to let others do the same.

2. You retain your rights to any content you submit, post or display on or through the Services. We claim no intellectual property rights over the material you provide to the Services. Your profile and materials uploaded remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your content. By setting your repositories to be viewed publicly, you agree to allow others to view and fork your repositories. In this context –only for the purpose of enabling us to make your works on the Services available to the rest of the world and to let others do the same- by submitting, posting or displaying content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed).

3. Graph Commons does not pre-screen content, but Graph Commons and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services.

4. All rights of the data, methodology, template, plan, and graphs that you developed by using the Services (the “user-generated content”) belongs to you. All user-generated content is licensed to their users through under Creative Commons 4.0 International License. You are required to choose a type of Creative Commons 4.0 International License at your own discretion before switching to public usage. The set of licenses shall be accessed through “https://creativecommons.org/licenses/”.

5. When you publish your works and studies developed by using the Services either on your web site or other media and/or in printed format your shall give credit to Graph Commons’s copyright, trademark rights, service marks and any other intellectual property rights and use the logos of those as appeared on the original. When you use any material or screenshots of the Graph Commons website, please use the following attribution: “Powered by Graph Commons” in the scale and position set by the Graph Commons.

6. You shall defend Graph Commons against any claim, demand, suit or proceeding made or brought against Graph Commons by a third-party alleging that your content, or your use of the Services in violation of this Terms of Service, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify Graph Commons for any damages finally awarded against, and for reasonable attorney’s fees incurred by Graph Commons in connection with any such claim, demand, suit or proceeding; provided, that Graph Commons (a) promptly gives you written notice of the claim, demand, suit or proceeding; (b) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Graph Commons of all liability); and (c) provides to you all reasonable assistance, at your expense.

Privacy

Our Privacy Policy which identifies how the we use, collects, and stores information collected through the Services is integral part of this Terms of Service. By accessing and using the Services, you additionally agree with our Privacy Policy.

General Conditions

1. You understand that Graph Commons uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.

2. You must not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services, Graph Commons, or any other Graph Commons service.

3. You may use the Graph Commons web pages static hosting service solely as permitted and intended to host your organization pages, personal pages, or project pages, and for no other purpose. You may not use Graph Commons’s web pages in violation of Graph Commons’s trademark or other rights or in violation of applicable law. Graph Commons reserves the right at all times to reclaim any Graph Commons subdomain without liability to you.

4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by Graph Commons.

5. We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are contrary to these Terms of Service.

6. You understand that the technical processing and transmission of the Services, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages as well as not transmit any worms or viruses or any code of a destructive nature.

8. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Graph Commons) of other Graph Commons customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.

9. Support for Graph Commons services is only available in English, via email. Questions on support request should be sent to support@graphcommons.com bearing all the relevant explanations on the subject. However, Graph Commons does not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, Services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the Services will be corrected.

10. You expressly understand and agree that Graph Commons shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Graph Commons has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the Services; (v) or any other matter relating to the Services.

11. The failure of Graph Commons to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

12. The Terms of Service constitute the entire agreement between you and Graph Commons and govern your use of the Services, superseding any prior agreements between you and Graph Commons (including, but not limited to, any prior versions of the Terms of Service).

The Services that Graph Commons provides are always evolving and their form and nature may change from time to time. If Graph Commons makes material changes to these Terms of Services, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Graph Commons shall enable all users to review the most current version of the Terms of Service together with previous versions at graphcommons.com web site.

13. You agree that these Terms of Service and your use of the Services are governed by the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in, New York, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Effective: 9 October 2016

Thoughts or questions about this Terms of Service? Please, let us know.